THE ENFORCEABILITY OF RESTRAINT OF TRADE AGREEMENTS

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In many instances an employer requires its employees to sign a certain restraint of trade agreement which in essence bind the employee from not being employed by the employers competitors.

What to take note of here would be the fact that an employer would invest its time and money in training the employee to best fit the particular market and just as the employee has sufficient training and insight into the field the employee would resign and go and work for a competitor.

What many employers have now decided to do is have their employees sign a restraint agreement, in which they agree that, should they resign, they will be barred from taking up employment with the employers competing within a defined geographical area for a specified period of time.AAEAAQAAAAAAAAoPAAAAJDgzMDlhZjU2LTQ4ZWQtNGMxYy1hNjM3LTE3YjlmNDE5ZjBkZQ

Should the employee resign to take on an opportunity with the employers’ competitor, could the erstwhile employer get a court interdict to prevent the ex-employee from working for the competitor?

The Supreme Court of Appeal has said (in the case of Reddy v Siemens) that the question of the validity and enforceability of restraint agreements involves balancing two policy considerations –

“A court must make a value judgment with two principal policy considerations in mind in determining the reasonableness of a restraint. The first is that the public interest requires that parties should comply with their contractual obligations ? The second is that all persons should in the interests of society be productive and be permitted to engage in trade and commerce or the professions. Both considerations reflect not only common-law but also constitutional values.”

Our courts have achieved a balance by ruling that restraints agreements are enforceable unless they are against public policy. Such agreements will be against public policy if they do no more than attempt to restrain competition, since competition is regarded as a healthy component of the economy. For the restraint to be legally enforceable, the employer imposing the restraint must have what the courts have called a “proprietary interest” or a “protectable interest” (such as confidential information) that is worthy of legal protection.

Two recent Supreme Court of Appeal decisions, one of which upheld a restraint

agreement and the other of which struck down a restraint agreement illustrate the

application of these principles.

In Reddy v Siemens Telecommunications (Pty) Ltd, decided in 2007, Reddy had

entered employment with Siemens and had signed a restraint agreement in which

he undertook not to work for any competitor in the same province for a year if he

were to resign.

He was trained by Siemens, locally and abroad. He then resigned his job with

Siemens in order to take up employment with a rival company in a position similar to

the one he had occupied at Siemens.

The court ruled that, in these circumstances, there was an obvious risk that Reddy

would disclose confidential technological information to his new employer. Thus, the

restraint was not unreasonable nor against public policy. The court said that Reddy

had entered into the restraint agreement voluntarily, and public policy required that

contracts should be enforced.

In Digicore Fleet Management (Pty) Ltd v Steyn, decided in 2008, Digicore was

attempting to enforce a restraint agreement signed by its ex-employee, Steyn, who

had resigned and gone to work for a competitor.

On the evidence placed before it, the court found that Steyn had not been given

any training by Digicore, had not acquired any confidential client information, and

had brought her own business contacts into the job. When she resigned, said the

court, she took with her no more than she had brought into the business, namely

experience and business contacts.

Consequently, Digicore had no proprietary interest worthy of legal protection. All

that the contractual restraint would achieve would be to prevent Steyn from being

commercially active, and that would not be reasonable. Consequently, the court

ruled that the restraint agreement was unenforceable.

The difference between the two cases is that, in the first case, the employee had

acquired specific technological information in the course of the training provided by

his ex-employer, which could be used by a competitor to the ex-employer’s

prejudice.

In the second case, the employee had not been given any training by the first

employer, and had acquired no confidential information. The first employer had no

proprietary interest worthy of legal protection.

It is therefore of utmost importance to weigh up what it is that you have acquired

from the new employer and what it is that you have acquired yourself.

Always seek legal advise when it comes to these types of matter as such a case can

have dire consequences on both an employee or employer should either of them

be uncertain of the legal position.

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    is run via every medical marijuana affected person’s county of residence and
    subsequently fees will differ by county. Federal rules require all industrial drivers taking part
    in interstate commerce to complete a medical exam. Offering only the most
    important companies in alternative treatment, this Hollywood marijuana doctor features a number of
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    medical marijuana certifications and physician-written medical marijuana recommendations.
    Research have proven that smoked, oral or IV use might impact decreasing IOP, but topically applied marijuana derivatives to the
    eye didn’t have an impact. California law prohibits physicians from aiding or providing the affected person with details about methods to
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    I’m not the only one who has sought a medical marijuana card without planning to use it.
    We were advised for $299 we may get a special
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    plants and 11 kilos of marijuana. Fortunately, Californians benefit from the best solution to consult
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    It was certainly one of six medical pot shops to open statewide, a fraction of
    the 60 planned websites and in effect a gentle launch of a program that was more than two years in the making
    since lawmakers authorised it in 2013.

    A medical marijuana card is legitimate for nevertheless lengthy your advice is, which is
    a whole yr within the case of NuggMD. The Compassionate Use of Medical Hashish Pilot Program Act institutes a 4-12 months pilot program for the supply and use of medical marijuana by eligible sufferers.
    This can then permit them to be in the place to advocate medical marijuana
    whether it is right for you. Just create an account, present answers to some questions and rapidly chat with
    a licensed 420 doctor to get your cannibas card.
    There are lots of methods to ingest medical marijuana, resembling medicated lozenges,
    snack desserts and many others.

    If you’re planning on rising your personal medicine, you’ll be able to grow twelve marijuana vegetation, regardless
    of whether the marijuana plants are mature or immature (defined in NAC 453A.080).
    Laura is impassioned by the struggle for medical cannabis rights and is a fierce proponent
    of marijuana legalization. It isn’t authorized to smoke low-THC cannabis and
    sufferers won’t be able to buy cannabis in its flower type.
    If you are seeking to develop your own weed, you are going to must be very discrete,
    or else get a medical marijuana ID card to guard yourself.

    Now that the recreational use of marijuana is legal, you may expect the
    limit of possession to be up to one ounce of marijuana
    flower.

    Thus, these information don’t recommend that candidates immediately seek marijuana suggestions as the
    primary strategy to cope with their symptoms. Sicknesses:
    Cancer; glaucoma; HIV/AIDS; hepatitis C; muscular distrophy;
    Crohn’s disease; multiple sclerosis; traumatic brain injuries; agitation of Alzheimer’s
    illness; different diseases and circumstances that cause severe symptoms
    recognized to be relieved by means of the use of hashish.
    New York medical marijuana regulation additionally requires sufferers (and caregivers, if relevant)
    to register with the state in order to access drugs. A collaborative effort by The CESC & MediCann:
    utilizing science & patient research to enhance cannabis
    as drugs for patients.

    The industry seems happy with the positive aspects achieved in SB 10,
    but it is going to be attention-grabbing to see what laws
    will get introduced next spring,” said Dan Linn, who manages Phoenix Botanicals , a hashish dispensary located at 1704 S. Neil St. in Champaign, Illinois, along with his work with NORML. There have been exceptions for violent offenders, and the legislature later went again and criminalized methamphetamine users but Prop 200 was one of many hallmark items of laws in Arizona that reduced penalties for possession of marijuana. Marijuana is a mind-altering substance whose effects are related to dosage and length of use.

    In Orange County and all of California, medical marijuana supply services and walk-in dispensaries will settle for your suggestion in written letter format signed by a licensed Doctor. Carry this advice with you to acquire your hashish medication and everytime you carry medicine. We recommend that you keep a report of the physician’s recommendation form or letter so to use the original letter to reapply if your card is lost or stolen. One doctor in Escambia County, five in Santa Rosa County and four in Okaloosa County have accomplished the required training that can enable them to register sufferers with the state’s Compassionate Use Registry.

    We are devoted to educating sufferers, physicians and the Canadian group about the use cannabis as drugs and the most efficacious drug supply strategies. Call to schedule a visit with our pleasant Marijuana Docs in Scottsdale, Phoenix, Glendale, Tucson, Cottonwood, Flagstaff, Prescott and Prescott Valley Arizona. An individual may not reapply for the New Mexico Medical Hashish Program till no less than 6 months after the date of denial, until in any other case approved by the New Mexico Department of Well being. We love what we do and we’re glad to help you get access to Medical Marijuana!

    Also, the analysis process permits you to ask something associated to the marijuana and merchandise constructed from it. You can also ask plenty of right strains that could be useful in your health. The board disciplined four, citing issues that ranged from signing medical marijuana types without seeing patients to recommending marijuana to a pregnant girl with out warning her of the dangers. In California, issues aren’t sophisticated, all you want is a suggestion from a health care provider to be able to buy, possess, and eat medical hashish legally. Your new advice will likely be mailed to you, please enable 5 to 7 day s on your new suggestion to arrive in the mail.

    Each states’ medical marijuana regulation is completely different, and some will be quite advanced. Sometimes your major care physician can ship your data proper to the clinic throughout your appointment. One’s relationship with marijuana might change for the better or worse in several intervals of life, and with stress and loss. Be a U.S. resident: You possibly can purchase a physician’s suggestion for hashish right here in California no matter the place you reside within the nation, though it will not be legitimate throughout state traces, as just a few states have reciprocity legal guidelines for medical cannabis. Medical marijuana is now legal in over 26 states, and lots of more are following the pattern.

    The Medical Marijuana Identification Card Program (MMICP) is a voluntary registry that allows for people to confirm your medical marijuana card online by way of the California Division of Public Health database It is not essential to affix such a program, which costs further charges and can make your affected person-status publically available. Finding a licensed medical marijuana physician on-line is now easier and safer than ever earlier than, and for any patient searching for a handy solution to get quick access to pharmacy-grade cannabis online, NuggMD has supplied a groundbreaking strategy to just do that.

    In California, many ailments may qualify you to develop into a medical cannabis patient. The state has a bunch of laws to get through, and localities have the power to place totally different guidelines in place too. The Nice Lake State comprises more than 11,000 lakes and borders 4 of the Great Lakes. If we request a affected person’s records straight from a health care provider, that doctor will know who obtained those information, and may know that the requesting clinic is a Marijuana Card clinic. So you possibly can are available for a observe up appointment as much as one 12 months for free of charge to you. Registering with the state gives immunity from arrest for the possession and cultivation of medical cannabis.

    Retail sales might be taxed at 15 p.c versus 2 p.c for medical cannabis, prompting some within the business to foretell that some clients might proceed shopping for medical slightly than retail. These are distinguished docs with strong careers who’re most likely now forever tainted by this,” he said.
    The results provide some attention-grabbing insights as to the traits of these looking for medicinal allowances practically
    a decade after the coverage was introduced in California.
    Send your application by registered submit to ensure that it arrives to
    the proper location. Sufferers’ proof of id within the form of a photo ID: California
    State driver’s license or ID card; United States Passport; or
    Veteran’s Administration ID Card.

    As much as he advocates for using marijuana for medicinal functions,
    Le voted against the legalization of recreational use
    in Oregon. While advocates level to proof that
    medical marijuana — or hashish — may help many conditions, many
    in the medical profession want to see double-blind, randomly controlled studies before they imagine in the therapeutic efficacy of cannabidiols or THC.

    If you’re caregiver, you might be required to fill out the Caregiver Software Form and send within the $25
    caregiver utility payment. To get an MMJ ID Card, you want a Physician’s Recommendation and a Legitimate Driver’s license,
    or photograph ID with proof of California Residency.

    As of June 30, 2016, there were 20 licensed cultivation facilities and 39 licensed medical
    cannabis dispensaries in Illinois. Bayer, an author of the medical
    marijuana initiative, said the legislation has not evolved as he had anticipated.
    I helped my good friend who does not use computers much
    get his advice with MMJDOCTORONLINE. Renfroe mentioned medical marijuana remedies will
    probably be like another instrument in a health care provider’s
    arsenal, for use when applicable. As a bunch of Medical doctors
    who work with medical cannabis patients, every MD or DO
    is skilled in speaking to patients about the advantages of Medical Hashish.

    Step one in acquiring a authorized medical marijuana card on-line is discovering a
    licensed, registered and respected medical marijuana website.

    Your personal doctor has provided documentation to obtain a
    license to be used of medical hashish supplied by a licensed producer within the state of New Mexico.
    You could get hold of a medical marijuana advice from a state licensed
    doctor stating you will profit from the medicinal use of hashish.
    Has been in operation since 1995 and is owned and operated by , the most widely used medical and leisure marijuana dispensary locator in the trade.

    As for the age distribution, at least half
    of the population searching for medical recommendations
    by this physician group was over the age of 35. For comparability, the median age for these 18
    and older in the 2006 NSDUH who reported buying marijuana within the earlier month was
    in the 26-29 12 months outdated category (these
    over 21 are positioned into age categories).
    The medical hashish ID cards do not present your name, handle, or other sensitive info, though they
    do have a photograph. The initiative would bar the advertising of marijuana products to minors, which implies adverts wouldn’t have the ability to use symbols, language, music or cartoon characters aimed at
    appealing to those that are underage.

    Our clinic charge, which covers every thing wanted
    to submit your paperwork to the state, is $one hundred seventy five.00.
    That is payable on the time that you just see our doctor to get your recommendation signed.
    No. It is authorized in the state of California to possess medical marijuana without a state-issued ID card as long as a doctor has advisable use based
    on a qualifying medical condition. Rooted in a foundation of training and affected person rapport,
    Medical Marijuana Evaluations strives to empower every patient to make
    educated selections and reclaim their quality of life using medical hashish.
    Beneath California Proposition 215, mission of
    the Hollywood Straightforward Clinic is to serve and educate medical cannabis sufferers.

    Each one among our sufferers shall be assigned a Affected
    person Advocate who will help through the entire medical marijuana software process and serve as a liaison between the patient and our doctors.
    Tishler, forty nine, was an emergency room physician at a local veterans’ hospital when he
    heard the news of Massachusetts voters endorsing
    medical marijuana. Yes, you may by no means sail, fly, or drive under the
    affect of medical marijuana, you may by no means possess a firearm in public or under the influence of medical
    marijuana. Listed here are the 7 simple steps to getting a marijuana suggestion and your first
    authorized supply of marijuana.

    If you stay in Santa Fe, NM and would like to see a medical hashish physician to evaluation your medical situation and as a
    way to get licensed for a medical marijuana card in Santa Fe, NM
    please schedule an evaluation or contact us on-line or call us at
    (505) 299-7873 in case you have any questions. If we don’t imagine we will help
    you instantly, you will receive a referral to a different medical organization or specialty.
    Enforcement of the Federal prohibition on marijuana has ebbed and flowed and
    does not seem to follow any rational guideline based
    on the statements by any of the three Presidents in workplace for the reason that CUA handed in 2003 from Bill Clinton (who tried marijuana but didn’t inhale),
    to George W. Bush, to Barak Obama. http://www.ftamago.com/forum/member.php?u=8090-JulienneLo

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    Sat eight:00 a.m. – 6:00 p.m. Solar 8:00 a.m. – 6:00
    p.m. I donno a few 24hr, but there’s numerous walk in clinics on Hurontario and Queensway.

    Reply: A care coordinator is a nurse or scientific specialist that works with the Medical Residence PCP to assist take care of
    patients. Many veterinarians in the Cleveland area refer their sufferers to us to for after-hour
    remedy and demanding care.

    That is why the After-Hours Clinic – Victoria affords prolonged hours, staying open from 6 to 10 p.m.
    Monday by Friday and 12:30 p.m. to six p.m. on Saturday
    and Sunday. Open 24 hours a day including holidays, we deliver advanced and progressive veterinary emergency care to all of Northwest Indiana and Southwest Michigan, and we are conveniently positioned on the Purdue North Central campus in Westville, Indiana.
    The middle wing can be used as an extension of Skilled Park Associates’ main care medical wants.
    Afterwards I needed my outcomes, and I used to be capable
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    All the companies you expect out of your major care physician can be found at convenient hours
    on the After-Hours Clinic. These varieties of minor health
    circumstances are usually costly to treat in emergency rooms but they
    can be successfully handled within the urgent care middle of the facility.
    Greg MacLellan started his lifelong association with Los Angeles Orthopaedics Hospital
    even earlier than he was born. Whether or not you require an emergency report to your physician or radiologist, need an ultrasound, or simply suggested to get an X-ray for a attainable medical condition — we’re right here
    to help. Lab, x-ray, EKG, Sports Accidents, Fractures, Flu Shots, and IV fluid hydration are all
    available in our cutting-edge medical clinic to take advantage
    of your acute care therapy outcomes.

    Los Angeles is a semi-desert area of mountains, canyons, ravines and huge basins.
    In 2015, Dr. Read joined the Nashville Pet Emergency Clinics to pursue her interests in emergency veterinary medication.
    Pressing care and emergency affected person numbers steadily elevated, allowing for the expansion of
    the earlier urgent care hours. Emergency Room visits can generally take longer on weekends,
    no have to get caught waiting an extended period of time for care and attention you deserve in less than half the time.
    Pharmacies and stroll-in well being clinics are opening at more airports in the USA, hoping to capture a large portion of vacationers and airport employees who need entry to fundamental main well
    being care and to fill their prescriptions at the last minute.

    Weekend warriors and other recreational athletes
    have also found that OIP sports activities damage clinic is a
    spot where they can get back on the courtroom, in the game or to the gymnasium.

    Hours of service are Monday by way of Friday, 6 p.m. to 9 p.m.; Saturday,
    10 a.m. to four p.m.; and Sunday, 12 midday to six p.m. Our
    group works onerous to ensure you get urgent care and attention quickly and compassionately.

    This service is for individuals who are sufferers of suppliers at Pella Regional’s medical
    clinics in Pella, Knoxville, Bussey, Monroe, Sully and Ottumwa.
    Our gynecology clinic offers all the mandatory companies for girls
    to live life to the healthiest degree.

    When the BNA clinic opened in August, CareHere promoted its physicals and screening
    companies (pre-employment, random and submit-occurrence) to the airways and concessionaires.
    Metro rail, subways and lightweight rail system for public transportation has grown significantly over the last 20 years and
    is very helpful in getting round varied locations in Los Angeles.
    We opened our doors in Tampa, because we wanted to give you properly-equipped, expertly-staffed and medically advanced 24 hour urgent care clinics
    proper in your neighborhood. Hollywood, Los Angeles gives nice climate 12 months round,
    visitors can dwell massive and get adventurous just like in Hollywood motion pictures!

    In line with Ramsey, BNA’s new CareHere clinic complements
    the airport’s Division of Public Security – a unit that includes first responders and emergency medical technicians with more in depth
    coaching and a full array of kit, including automated exterior defibrillators (AEDs) and intravenous remedy tools.
    There is a common misconception that urgent care facilities are
    open 24-hours a day. When you call our emergency telephone number you’ll converse with a veterinarian who can direct you
    together with your pet’s emergency. We attempt to convey
    you the most effective in emergency medical care at our stroll in clinic.

    The medical middle has entry to interpreters for not less than forty five
    completely different languages. We provide top quality, price-effective healthcare
    24 hours a day, 365 days a year. Quick, convenient take care
    of non-emergency illnesses and injuries for the entire family.
    The specialists employed that can assist you find
    dentists are trained to locate the closest stroll in dentist to your neighborhood, don’t fret you’ll
    be taken care of. Orthopedics Program – By integrating diagnostic,
    treatment, surgical and rehabilitation providers, Marina Del Rey Hospital
    encompasses all aspects of orthopedics in a single location with every little thing it’s
    essential to restore misplaced movement and the liberty that
    comes with it.

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